Diaz

Diaz v. Baca

Good Law
203 F. App'x 884
United States Court of Appeals for the Ninth CircuitNovember 2, 2006No. 04-56652California968 words

Opinion

Lead Opinion

MEMORANDUM *

Frances L. Diaz appeals the district court’s denial of her petition for a writ of habeas corpus. Diaz is an attorney who was included in a judgment awarding attorneys’ fees and costs to her client’s opponent pursuant to California’s anti-SLAPP statute, Cal.Civ.Proc.Code § 425.16. Diaz failed to pay the judgment and refused to submit to a judgment debtor exam, for which the trial court held her in contempt, ordering her to pay additional fees. When Diaz failed to pay the fees the court again found her in contempt and sentenced her to serve three days in jail. This appeal arises under the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”), which provides for habeas relief only if the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law,” as determined by the Supreme Court. 28 U.S.C. § 2254 (d)(1). Because the California court’s decision did not involve an unreasonable application of federal law or violate Diaz’s federal due process rights, we affirm.

Diaz contends that her due process rights were violated when the trial court shifted the burden of proof of an element of the offense and…

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